In response to Samsung Display's additional patent infringement lawsuits filed against BOE in the United States in April, BOE has submitted invalidity requests and swiftly countered Samsung Display's aggressive offensive. According to industry sources disclosed on the 2nd, BOE submitted patent invalidity review applications (IPR) to the US Patent and Trademark Office (PTAB) at the end of last month, targeting seven US patents held by Samsung Display.
These seven patents are part of the 12 patents involved in three additional patent infringement lawsuits that Samsung Display filed against BOE in April. Since BOE has already initiated invalidity proceedings against 7 of the 12 patents in question, it is highly likely that BOE will also file invalidity proceedings against the remaining 5 patents.
Upon review, Samsung Display filed three patent infringement lawsuits and one trade secret theft lawsuit against BOE in the US District Court for the Eastern District of Texas in April. At that time, Samsung Display had not yet received an import ban from the US International Trade Commission (ITC) against BOE's patent-infringing products. If the ITC had issued an import ban against BOE's patent-infringing products, Samsung Display could have exerted tremendous pressure on BOE, but this effort was unsuccessful. The industry interprets this as "attempting to exert strong pressure on BOE through various civil cases and gain an upper hand in licensing negotiations." Subsequently, Samsung Display appealed the ITC's ruling to the US Court of Appeals for the Federal Circuit (CAFC) in May.
US courts responded immediately to Samsung Display's requests. In August this year, the US International Trade Commission (ITC) issued a preliminary ruling that included a limited import ban on BOE's products that infringed trade secrets. The final ruling on the ITC's trade secret infringement investigation is expected to be announced in November.
Compared to other patent disputes between BOE and Samsung Display, BOE's response to this invalidity trial can be described as swift. After Samsung Display filed a patent infringement investigation with the US International Trade Commission (ITC) in December 2022, BOE and other companies only initiated invalidity trials six months later, in June 2023.
At that time, BOE and other companies argued that five patents held by Samsung Display were invalid. The Patent Trial and Appeal Board (PTAB) ruled that four of these patents were valid in December 2024 and January 2025, respectively. The ruling on one patent has not yet been issued. Both BOE and Samsung Display have appealed these four patents deemed valid to the Federal Circuit Court. Each patent contains multiple claims. Samsung Display appealed the invalid claims, while BOE appealed the valid claims.
In May this year, Samsung Display filed a patent infringement lawsuit against BOE in the US District Court for the Eastern District of Virginia, involving four patents that had been deemed valid by the Patent Trial and Appeal Board (PTAB) and one patent for which no ruling had been made. The litigation process in the US District Court for the Eastern District of Virginia progresses rapidly.
Previously, Samsung Display had filed a patent infringement lawsuit against BOE in the US District Court for the Eastern District of Texas in June 2023, involving the same five patents. However, Samsung Display withdrew the lawsuit and refiled it in the US District Court for the Eastern District of Virginia.
As the market share battle between Korean and Chinese display companies intensifies, patent litigation will continue to follow. An industry insider stated: "Samsung and LG are beginning to pay close attention to technology theft to prevent China from taking further action, as they are about to lose their last stronghold in the display market - OLED." He added, "Patent infringement is a legal mechanism that can cause maximum damage to competitors, so patent litigation between Korea and China may continue."
As the competition for market share between Korean and Chinese display companies becomes increasingly fierce, patent lawsuits will continue to emerge. The ongoing disputes reflect the broader technological and commercial rivalry in the display industry, with both sides using legal mechanisms to protect their market positions and intellectual property rights.